Troy Causey Lawsuit

Case 3:15-cv-00914-N Document 1 Filed 03/23/15
Page 1 of 18 PageID 1
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
THE ESTATE OF TROY CAUSEY, JR,

BY AND THROUGH HIS MOTHER,
TAMMY SIMPSON, INDIVIDUALLY Civil Action No.
AND ON BEHALF OF HIS HEIRS
3:15-cv-914
Plaintiffs,
Jury Trial Requested
v.
MIKE MILES, IN HIS OFFICIAL
CAPACITY AS SUPERINTENDENT
OF THE DALLAS INDEPENDENT
SCHOOL DISTRICT;
TERRY S. SMITH IN HER OFFICIAL
CAPACITY AS EXECUTIVE
DIRECTOR OF THE DALLAS
COUNTY JUVENILE DEPARTMENT;
TERRY S. SMITH IN HER OFFICIAL
CAPACITY AS CHIEF JUVENILE
PROBATION OFFICER FOR DALLAS
COUNTY;
Defendants.
COMPLAINT
Plaintiff THE ESTATE OF TROY CAUSEY, JR, BY AND THROUGH
HIS MOTHER, TAMMY SIMPSON, INDIVIDUALLY AND ON BEHALF OF
HIS HEIRS (herein Causey or Plaintiff), by and through undersigned counsel,
1
makes this his Complaint against Defendants, MIKE MILES, IN HIS OFFICIAL
CAPACITY AS SUPERINTENDENT OF THE DALLAS INDEPENDENT
SCHOOL DISTRICT; TERRY S. SMITH IN HER OFFICIAL CAPACITY AS
EXECUTIVE
DIRECTOR
OF
THE
DALLAS
COUNTY
JUVENILE
DEPARTMENT; TERRY S. SMITH IN HER OFFICIAL CAPACITY AS CHIEF

JUVENILE PROBATION OFFICER FOR DALLAS COUNTY and allege as
follows:
JURISDICTION AND VENUE
1.
This Court has jurisdiction over the federal claims of the Plaintiffs in this
action pursuant to 28 U.S.C. 1331, 1343 because the subject matter of
Plaintiffs claims are premised on violations of 42 USC 1983 and 1988.
2.
Venue is proper in this Court pursuant to 28 USC 1391(2) as all material

facts out of which this suit arises occurred within the Northern District of
Texas, Dallas Division.
PARTIES
3.
Causey, when alive, was a citizen of the State of Texas and was at all
pertinent times within the confines of the Dallas County Juvenile
Department and a resident of Dallas County Youth Village and/or a student
in the Dallas Independent School District.
2
4.
His mother and natural heir is Tammy Simpson. She too is a citizen of the
State of Texas and brings this Compliant individually and as heir and
representative of the Estate of Troy Causey, Jr.
5.
Defendant Mike Miles is sued in his official capacity as Superintendent of

the Dallas Independent School District (DISD or the District) which at
all times was responsible for the implementation of relevant federal and state
law, UIL rules, the care, management and control of all public school
business within its jurisdiction as to students like Causey, the training of
staff and coaches, the enforcement of policies and procedures and to both
train and supervise staff to prevent harm to students and illegal recruiting
practices of student athletes.
6.
Defendant Terry S. Smith is sued in her official capacity as Executive

Director of the Dallas County Juvenile Department which at all times was
responsible to the implementation and enforcement of all public business
within its jurisdiction as to juvenile residents of its facilities like Causey, the
training of staff, the enforcement of policies and procedures and to both
train and supervise staff to prevent harm to residents and participants in the
juvenile probation program and to prevent the illegal contact of residents for
any purposes including but not limited to sports recruiting from among its
probationers by personnel of DISD.
7.
Defendant Terry S. Smith is sued in her official capacity as Chief Juvenile

Probation Officer for Dallas County which at all times was responsible to
the implementation and enforcement of all public business within its
jurisdiction as to juvenile residents of its facilities like Causey, the training
of staff, the enforcement of policies and procedures and to both train and
supervise staff to prevent harm to residents and participants in the juvenile
probation program and to prevent the illegal contact of residents for any
purposes including but not limited to sports recruiting from among its
probationers by personnel of DISD.
HISTORICAL AND CULTURAL BACKGROUND OF RECRUITMENT
8.
Many school districts throughout the United States have engaged in the
practice or recruiting students from outside their territorial districts to play
sports as varied as football, baseball, track, and many others, including but
not limited to basketball.
9.
DISD for many years has likewise had a dismal record of engaging in the
practice of recruitment of students from outside the confines of the DISD to
play sports within DISD schools.
4
10.
For the purpose of example only, South Oak Cliff High School in DISD
forfeited its 2005 and 2006 basketball titles for having an ineligibly recruited
player.
11.
For further example only, Kimball High School in DISD improperly

recruited a star basketball player and with that player won the state
championship in 2011.
12.
In 2012, a DISD investigation found a concerted attempt by coaches and

administrators to recruit players from both within and without DISD without
regard to the schools to which those students were properly zoned.
13.
The stakes for the DISD sports programs could not have been higher.
Coaches and administrators are professionally scrutinized based upon their
successes on the playing fields and the court.
Students are treated as
property good not for the content of their character, but for the success
they can produce in athletic endeavors.
14.
Approvals for the transfer of students were made by a committee at DISD

that votes for approval as a matter of course because to vote against a
transfer would be a vote against ones peers and would be an act against
ones own possible self-interest in future committee votes on eligibility.
This resulted in a policy and practice where anomalies and clear deviations
on UIL and other rules and regulations were routinely disregarded.
15.
The Dallas County Juvenile Department and Dallas County (jointly, the
Department) operate facilities for juveniles who are part of the juvenile
justice system and monitor probation for youth participants in the juvenile
justice system.
As part of that, they operate the Dallas County Youth
Village, a residential placement facility to which young men are sent by the
juvenile courts in Dallas County for rehabilitation, instruction and training.
The Department also undertakes to train all of its employees and officers,
but has wholly failed to properly train and supervise them.
16.
The Department has written policies that state that participants have
restricted access to the outside world. Youth mail is monitored, visits are
restricted to counsel and family members and phone calls are similarly
restricted. However, it has been the long-time practice, and therefore the
actual policy of the Department, to allow DISD personnel to visit with
otherwise incarcerated youth for the purpose of sports recruiting.
FACTS REGARDING TROY CAUSEY, JR.
17.
In 2013, Causey entered the custody of the Department and was placed at
the Dallas County Youth Village through April of 2013.
6
18.
While there and in the custody of the Department, Causey was visited by
staff members of the DISD, including the head coach of the DISD WilmerHutchins basketball team, John Burley.
19.
Burley and DISD had unadulterated and unsupervised access to Causey

within the Department and Causeys private juvenile records in the custody
of the Department.
20.
Burley recruited Causey to play basketball in the DISD while he was in

Department custody and obtained private and confidential juvenile records
of Causey not publically accessible.
21.
Causey was not a resident within DISD, but was a resident of the Richardson
School District and was zoned to Richardson High School.
22.
While within the confines of the Department, Burley and DISD set up a
residence within DISD to which Causey would be released from the custody
of the Department. Before his release from the Department, DISD caused
Causey to be registered to attend Wilmer-Hutchins High School in DISD so
he could play sports there despite his lack of residence.
23.
Upon information and belief, Jonathan Tramaine Turner, also was recruited
by DISD staff members from the Department while in Department custody
to play basketball for another DISD team Madison High School.
7
24.
Both Causey and Turner were placed in the same residence within DISD by
DISD staff members so that they could play basketball at DISD schools.
25.
DISD and the Department were consciously indifferent to the risk and
threats of placing unsupervised non-mature student athletes in homes just so
they would be in DISD and therefore eligible to participate in DISD athletics
programs. However, this had been the pattern and policy of DISD for many
years.
26.
Upon information and belief, upwards of 13 such DISD recruiting

placements had occurred at properties owned by the same owner of the
residence where Causey and Turner had been placed.
27.
Causeys paperwork at DISD was falsified to allow the transfer and was
made without parental approval. This was the custom and the practice
involved in this illegal policy of DISD recruitment.
28.
There was a complete lack of training as to policy and a complete lack of

enforcement and oversight at both DISD and the Department.
29.
For example, Anita Connally, the director of enforcement of DISDs stated

non-recruitment policies, brought irregularities to the attention of DISD
supervisory personnel but was overruled in favor of the more prevalent
DISD policy of allowing this illegal and improper recruitment, regardless of

the risks.
30.
In these matters, DISD and the Department acted in concert and coordinated
action.
DISD knew and understood full well that access to potential
recruiting targets incarcerated within the Department resulted in juveniles

minors being transferred between homes and schools. Potential athletes
who were outside of parental control and supervision in the Department
were identified by DISD and through intimidation and both positive and
negative influence were cajoled and manipulated into agreeing to play in
DISD schools. These student athletes within the Department (as well as
generally) are immature minors, seek validation and crave approval from
coaches and others in their peer groups and seek opportunity to grow into the
athletes they see on television and in video games. The Department and
DISD coaches have acted to manipulate these young athletes as a concerted
policy and custom with conscious indifference to the welfare of the young
men and women, such as Causey that are the victims. Students who are
subject to the power of intimidation and pressure of recruitment by DISD
and Department personnel as well as the perceived ego-boost and perceived
opportunity of the ability to play for a team or teams that were being
9
specially assembled with select players who were tough, seasoned and had
the experience of the juvenile incarceration and probation that provides
unfettered access to these willing young athletes, such as Causey.
31.
Causey was placed in the home with Turner.
32.
The Department and DISD engaged in a concerted action in all matters

involved with Causey.
33.
On March 24, 2014, Turner and Causey got in an argument in the home in
which they had been placed without adequate supervision.
34.
Turner physically accosted Causey such that he was on the ground. Turner
then hit and kicked Causey about the head until his skull was crushed.
Causey suffered severe brain damage from the beating and after
extraordinary attempts to save his life, was declared dead on March 24,
2014.
35.
Following on the death of Causey, Anita Connally, the then athletic

compliance officer of DISD immediately began to investigate the matter of
Causeys recruitment after hearing that the documents presented to her by
other DISD personnel, including head coach John Burley, may have been
falsified.
Connally knew that the practice of recruiting at DISD was
endemic. For her efforts in trying to bring the matter of the policies and
10
conscious indifference of recruiting at DISD into public view and to cause

them to stop she was terminated from her job at DISD. Connally is fully
aware, and while a DISD official was deeply suspicious and concerned, that
DISD had a policy of an active dismissal of recruiting rules that put student
athletes in jeopardy.
36.
Also following on the death of Causey, the DISD top investigator, Jeremy
Libbe, began an investigation into the death of Causey and the DISD
recruiting that had led to the death. Libbes clear conclusion was that it was
the policy of DISD to recruit and to allow improper recruiting and that led
to the death of Causey.
Within weeks of the conclusion of Libbes
investigation, Libbe was fired by DISD.

37.
DISD and the Department acted in concert with each other in the
incarceration and intimidation of young athletes to isolate them, recruit them
from their incarceration into DISD athletic programs for which they would
have been ineligible and placing them in homes within the DISD district
area without regard to the known risk caused by having these young and
immature students, with (albeit juvenile) violent backgrounds into
inadequately supervised housing to allow them athletic eligibility.
The
policy and practice includes the rampant and endemic avoidance and
11
falsification of UIL rules. The policy and practice involves the contact and
recruitment of Department incarcerated minors. The policy and practice
involves the providing of private and confidential juvenile records to DISD
coaches involved in recruiting. The policy involves placing these student
athletes in homes together without adequate supervision.
The policy
includes the falsification of records. The policy includes ostracizing and

even termination from employ of those who oppose. The policy resulted in
the death of Troy Causey, Jr.
38.
DISD and the Department (alone and in concert) had a special relationship
with Causey because of his custodial care in the Department, because of his
de-facto custodial care in a home set up for him within the DISD district,
because of his de-facto foster care relationship, because of his coordinated
release from the Department into a home set up for him in the DISD and defacto custodial care, because of his release from the Department into a high
school set up for him by the Department and DISD, because of the confines
and restrictions of his juvenile probation, and/or because of his status as a
DISD and Department student and resident.
12
39.
DISD and the Department (alone and in concert) acted with deliberate
indifference for the care and custody of Causey, ultimately causing his
death.
CAUSE OF ACTION
CIVIL RIGHTS VIOLATION
[42 U.S.C. 1983, 1988;
th
14 Amendment to the Constitution of the United States]
(Against All Defendants)
40.
Plaintiffs re-allege and incorporate all allegations of this Complaint as if

fully set forth herein.
41.
By their acts and omissions alleged above, Defendants DISD and the
Department deprived Causey of his rights to life,
liberty and
bodily
integrity, thereby violating the Due Process Clause of the Fourteenth

Amendment, for which Defendants are liable to Plaintiffs pursuant to 42
U.S.C. 1983.
42.
In addition and in the alternative, DISD and the Department (solely and in
concert) engaged in a policy and practice as set out herein that resulted in the
death of Causey.
13
43.
concert) engaged in a policy and practice of deliberate indifference to the
care and custody that resulted in the death of Causey.
44.
concert) failed to properly train and supervise their staff and employees and
otherwise to cease the recruiting and placement of minor children in homes
and assigned to schools inside the parameters of DISD for eligibility in
sports programs that resulted in the death of Causey.
45.
Plaintiffs contend that policies, procedures, practices and customs of DISD

and/or the Department (alone or in concert) put Causey in an inherently
dangerous situation and violated his rights under the Fourteenth Amendment
of the Constitution of the United States for which Plaintiffs seek recovery.
46.
Plaintiffs contend that the failures to train and supervise staff regarding the
policies, procedures, practices and customs of DISD and/or the Department
(alone or in concert) put Causey in an inherently dangerous situation and
violated his rights under the Fourteenth Amendment of the Constitution of
the United States for which Plaintiffs seek recovery.
47.
During the relevant time period contemplated by this cause of action, DISD
and the Department (alone or in concert) failed to follow state and federal
14
laws, UIL rules, federal and state regulations and the standard of care for
treatment of Causey.
48.
During the relevant time period contemplated by this cause of action, DISD
and the Department (alone or in concert) failed to follow their own written
policies and procedures and those of the state of Texas and the UIL and
other authorities on recruitment and care of student athletes and minor-child
probationary residents.
49.
Based upon the operative facts, such acts and omissions rise to the level
of deliberate indifference and conscious indifference constituting a violation
of the Fourteenth Amendment of the Constitution of the United States for
which Plaintiffs seek recovery.
50.
Each and every, all and singular of the foregoing acts and omissions, on
the part of Defendants, taken separately and/or collectively, jointly and
severally, constitute a direct and proximate cause of the injuries and
damages set forth herein. As a direct, proximate, and foreseeable result of
Defendants unlawful conduct, Plaintiffs have suffered, and will continue to
suffer damages in an amount to be proved at trial.
51.
As a direct, proximate, and foreseeable result of Defendants unlawful

conduct, Plaintiffs have suffered, and will continue to suffer, generally
15
physical, mental, and psychological damages in the form of extreme and

enduring worry, suffering, pain, humiliation, embarrassment, mental
anguish, and emotional distress, and ultimately death, in amounts within the
jurisdictional limits of this Court, to be proved at trial.
52.
In acting as alleged above, Defendants acted maliciously, fraudulently,

despicably, and oppressively, with the wrongful intention of injuring
Plaintiffs, from an improper motive amounting to malice, and in conscious
disregard of Plaintiffs rights. Plaintiffs are entitled to recover punitive
damages from Defendants in amounts to be proved at trial.
53.
Defendants are vicariously liable for their employees, supervisors, coaches,

assistant coaches, probationary officials, representatives and all those acting
in concert with them.
54.
The Defendants (both DISD and the Department separately and/or in

concert) after receiving repeated notice of the danger and impropriety of
such acts and omissions as described above took such acts and omissions in
a way that not only shocks the conscience but satisfies the criteria for
punitive damages as set out in 42 USC 1983.
55.
Plaintiffs are entitled to reasonable attorneys fees and costs of suit as

provided for by 42 U.S.C. 1988(b).
16
JURY DEMAND
56.
Pursuant to Federal Rule of Civil Procedure 38(b) Plaintiffs demand a trial

by jury.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for the following relief:
Entry of judgment in favor of Plaintiffs and against Defendants (individually and

jointly and severally) for compensatory damages, punitive damages, reasonable
attorneys fees and court cost associated with this suit, prejudgment interest, costs
and disbursement as appropriate herein, and other such relief as may be appropriate
as this Court and jury deems equitable, appropriate, and just.
///
///
///
///
///
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Respectfully submitted,
/s/ Charles H. Peckham
_________________________
Charles H. Peckham
TBN: 15704900
FBN: 15770
cpeckham@peckhampllc.com
Mary A. Martin
TBN: 00797280
FBN: 12272
mmartin@peckhampllc.com
PECKHAM, PLLC
Two Bering Park
800 Bering Drive, Suite 220
Houston, Texas 77057
(713) 574-9044
(713) 493-2255 facsimile
SUBJECT TO PRO HAC VICE:
Marwan E. Porter, Esquire
Florida Bar No. 026813
marwan@theporterfirm.com
Crystal D. Potts, Esquire
Florida Bar No. 111709
crystal@theporterfirm.com
THE PORTER LAW FIRM, LLC
5033 SE Federal Highway
Stuart, Florida 34997
(772) 266-4159
Facsimile: (772) 678-7566
janet@theporterfirm.com
efile@theporterfirm.com
COUNSEL FOR PLAINTIFF

18

Troy Causey Lawsuit

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Case 3:15-cv-00914-N Document 1 Filed 03/23/15

UNITED STATES DISTRICT COURT

THE ESTATE OF TROY CAUSEY, JR,

Case 3:15-cv-00914-N Document 1 Filed 03/23/15

DEPARTMENT; TERRY S. SMITH IN HER OFFICIAL CAPACITY AS CHIEF

Venue is proper in this Court pursuant to 28 USC 1391(2) as all material

Case 3:15-cv-00914-N Document 1 Filed 03/23/15

Defendant Mike Miles is sued in his official capacity as Superintendent of

Defendant Terry S. Smith is sued in her official capacity as Executive

Case 3:15-cv-00914-N Document 1 Filed 03/23/15

Defendant Terry S. Smith is sued in her official capacity as Chief Juvenile

Case 3:15-cv-00914-N Document 1 Filed 03/23/15

For further example only, Kimball High School in DISD improperly

In 2012, a DISD investigation found a concerted attempt by coaches and

Students are treated as

Approvals for the transfer of students were made by a committee at DISD

Case 3:15-cv-00914-N Document 1 Filed 03/23/15

As part of that, they operate the Dallas County Youth

Case 3:15-cv-00914-N Document 1 Filed 03/23/15

Burley and DISD had unadulterated and unsupervised access to Causey

Burley recruited Causey to play basketball in the DISD while he was in

Case 3:15-cv-00914-N Document 1 Filed 03/23/15

Upon information and belief, upwards of 13 such DISD recruiting

There was a complete lack of training as to policy and a complete lack of

For example, Anita Connally, the director of enforcement of DISDs stated

Case 3:15-cv-00914-N Document 1 Filed 03/23/15

DISD policy of allowing this illegal and improper recruitment, regardless of

DISD knew and understood full well that access to potential

recruiting targets incarcerated within the Department resulted in juveniles

Case 3:15-cv-00914-N Document 1 Filed 03/23/15

Causey was placed in the home with Turner.

The Department and DISD engaged in a concerted action in all matters

Following on the death of Causey, Anita Connally, the then athletic

Connally knew that the practice of recruiting at DISD was

Case 3:15-cv-00914-N Document 1 Filed 03/23/15

conscious indifference of recruiting at DISD into public view and to cause

Within weeks of the conclusion of Libbes

investigation, Libbe was fired by DISD.

Case 3:15-cv-00914-N Document 1 Filed 03/23/15

includes the falsification of records. The policy includes ostracizing and

Case 3:15-cv-00914-N Document 1 Filed 03/23/15

Plaintiffs re-allege and incorporate all allegations of this Complaint as if

integrity, thereby violating the Due Process Clause of the Fourteenth

Case 3:15-cv-00914-N Document 1 Filed 03/23/15

Plaintiffs contend that policies, procedures, practices and customs of DISD

Case 3:15-cv-00914-N Document 1 Filed 03/23/15

As a direct, proximate, and foreseeable result of Defendants unlawful

Case 3:15-cv-00914-N Document 1 Filed 03/23/15

physical, mental, and psychological damages in the form of extreme and

In acting as alleged above, Defendants acted maliciously, fraudulently,

Defendants are vicariously liable for their employees, supervisors, coaches,

The Defendants (both DISD and the Department separately and/or in

Plaintiffs are entitled to reasonable attorneys fees and costs of suit as

Case 3:15-cv-00914-N Document 1 Filed 03/23/15

Pursuant to Federal Rule of Civil Procedure 38(b) Plaintiffs demand a trial

Entry of judgment in favor of Plaintiffs and against Defendants (individually and

Case 3:15-cv-00914-N Document 1 Filed 03/23/15

COUNSEL FOR PLAINTIFF

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